University : Federation University UniLearnO is not sponsored or endorsed by this college or university.
Subject Code : BULAW5914
Country : Australia

Assignment Task

Question 1– Business structures and relationships

Answer all parts to the question.

(a) Name four (4) matters that it is advisable to include in a written partnership agreement.

(b) What is a franchise? Does it have limited liability?  

(c) Explain what it means for an agent to act with express actual authority. Provide one example where such an agency may arise.

(d) Name two (2) ways a proprietary limited company differs from a limited company.

(e) What are two (2) advantages of running a business as a sole trader?

 

Question 2– Contract law

Doris loves art but she does not have much money. She decides to start her art collection by buying artworks through the online site, BETSY.

The BETSY website acts as an intermediary between the customers and the artists. Each artist loads details of their artworks onto the site and sets the prices.

Doris selects an artwork produced by an artist named Plum Leaf. Doris makes the selection online and then clicks through the website to make the purchase, including agreeing to the terms and conditions (which she does not read).

Doris pays for the artwork with her credit card.

BETSY receives a commission from the artist on each sale but also charges a fee to the customer for payment by credit card.

The transaction has been processed and an invoice/ receipt was sent to Doris’ email. Doris has not yet received the artwork.

Required:

Discuss whether a contract has been formed in common law. If so, who are the parties to the contract? When was the contract formed?

 

Question 3 – Tort of negligence

Answer all questions referencing both common law and statute law as applicable.

(a) What legal principle was established in the case of Donoghue v Stevenson?

(b) What is factual causation and how can it be established?

(c) What is contributory negligence and how does it arise?

(d) Explain the defence of ‘voluntary assumption of risk’ and how is applies in negligence cases.

(e) Do you think a pharmaceutical company could be held liable for a customer developing an addiction to pain killers manufactured by the company? Why or why not?

 

Question 4 – Bankruptcy

Tyon owes a total of $88,000 on eighteen (18) different credit cards. He has no other debts.

He files a debtor’s petition on 19 July.

Consider how the trustee (in this case the Official Receiver) will treat the following transactions?

Answer all parts to the question.

In the month before filing the petition, Tyon engages in the following transactions:

(a) He sold his car for $7000 and gave the money to his friend, Toad for safekeeping. He did not owe Toad any money.

(b) He transferred his shares in Skyfall Pty Ltd, a family company, to his sister Hoppi for no consideration.

(c) He used the proceeds received from an insurance policy for personal injuries to pay off a car loan owed to Which Bank. Which Bank had held a properly registered personal property security interest over the car (the same one he sold for $7000).

After the debtor’s petition is accepted, Tyon does the following:

(d) He wins $25,000 from a scratch card and puts this in an account unknown to the Official Receiver.

(e) He commences work as a financial analyst on a gross salary of $120,000 p.a.

 

Question 5 – Contract and insurance law

Answer all parts to the question.

(a) Can Anthony take out insurance with two different insurance companies to cover the same risk?

(b) When does the duty of disclosure apply to an insurance contract?

(c) What is ‘duress’ in contract law and what remedy is available if it is found to have occurred?

(d) Name two (2) statutorily implied terms in a sale of goods contract.

(e)

What does it mean to say that a contract has been terminated by performance?

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